Man jailed over cling film mummification ‘sex death’ – BBC News

Posted December 19th, 2014 in homicide, negligence, news, sentencing by sally

‘A man has been jailed for five years for causing the death of a man covered in cling film during a sex game.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

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Securities’ providers could recoup huge property market losses for investors following landmark High Court ruling – Hardwicke Chambers

Posted November 27th, 2014 in appeals, mortgages, negligence, news by sally

‘The recent High Court judgment Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) regarding commercial mortgage-backed securities (CMBS) reflects judicial dislike of legal lacunas that let professionals perform sub-standard services without the risk of paying out damages in negligence. It is a ruling of significance to the finance industry that could give some individuals who lost out when the recession revealed that their investments were worth less than they had been told a way of recovering their money. ‘

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Hardwicke Chambers, 20th November 2014

Source: www.hardwicke.co.uk

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Assessing loss of a chance – Hardwicke Chambers

Posted November 27th, 2014 in appeals, employment tribunals, law firms, loss of chance, negligence, news by sally

‘In Chweidan v Mischon de Reya Solicitors [2014] EWHC 2685 (QB) Mrs Justice Simler considered the principles to be applied when assessing claims for loss of a chance and provided a helpful overview of a number of the leading authorities.’

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Hardwicke Chambers, 17th November 2014

Source: www.hardwicke.co.uk

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Covert care camera guidance approved by Care Quality Commission – BBC News

‘Guidance for people who install hidden cameras to check on standards of their own or a relative’s care has been approved by the Care Quality Commission (CQC).’

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BBC News, 19th November 2014

Source: www.bbc.co.uk

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Rotherham abuse scandal: IPCC to investigate conduct of 10 police officers – The Guardian

Posted November 19th, 2014 in child abuse, children, evidence, negligence, news, police, sexual offences, victims by sally

‘The Independent Police Complaints Commission (IPCC) is to investigate the conduct of 10 South Yorkshire police officers in relation to their handling of reported child sexual exploitation in Rotherham.’

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The Guardian, 18th November 2014

Source: www.guardian.co.uk

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Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

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Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

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“Extraneous factors” not relevant in deciding whether surgeon guilty of negligence – Litigation Futures

Posted November 14th, 2014 in appeals, assault, doctors, evidence, negligence, news by tracey

‘“Extraneous factors”, including an assault on a bus driver, are not relevant in deciding whether a surgeon had acted negligently while carrying out a hip operation, appeal judges have ruled.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Law firm’s medical negligence advert “likely to cause distress to pregnant viewers” – Legal Futures

Posted November 12th, 2014 in advertising, medical treatment, negligence, news, pregnancy, regulations by tracey

‘The Advertising Standards Authority (ASA) has ruled that a TV medical negligence advert for Merseyside personal injury specialists Michael W Halsall Solicitors was “likely to cause undue distress to pregnant viewers”.’

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Legal Futures, 12th November 2014

Source: www.legalfutures.co.uk

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McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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Jade Anderson inquest: Coroner calls for dog licences – BBC News

Posted October 27th, 2014 in children, coroners, dogs, homicide, inquests, licensing, negligence, news, suspended sentences by sally

‘A coroner has criticised dangerous dog laws and called for dog licences to be reintroduced after a 14-year-old girl was savaged to death.’

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BBC News, 24th October 2014

Source: www.bbc.co.uk

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McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court

Posted October 22nd, 2014 in asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) [2014] UKSC 53 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

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High Court demonstrates more merciful relief regime – Litigation Futures

Posted October 22nd, 2014 in negligence, news, sanctions, solicitors by sally

The High Court has given a clear demonstration of the more forgiving post-Denton environment by granting relief from sanctions where the defaulting party admitted it had no good reason for its failure.

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Litigation Futures, 22nd October 2014

Source: www.litigationfutures.com

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Authors’ concerns after court rules writer can’t publish sex abuse memoir – Daily Telegraph

‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’

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Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

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The costs of rectification – Law Society’s Gazette

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

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Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

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Medical compensation ‘outstripping public finances’ – Law Society’s Gazette

Posted October 2nd, 2014 in compensation, damages, health, negligence, news by tracey

‘Medical defendants have warned that public finances will not be able to cope unless clinical negligence compensation is radically reformed.’

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Law Society’s Gazette, 2nd October 2014

Source: www.lawgazette.co.uk

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Essex police apologise for failing to investigate drug-related death – Daily Telegraph

Posted October 1st, 2014 in damages, drug abuse, human rights, negligence, news, police by tracey

‘A grieving family has used human rights law to force police chiefs to admit they failed to investigate the unexplained death of their son properly.’

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Daily Telegraph, 30th September 2014

Source: www.telegraph.co.uk

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‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus? – Zenith PI Blog

‘Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be involved, and with associated ongoing claims for care and assistance. Given the multitude of CCTV cameras onboard such vehicles these days, Courts are often uncommonly well served in having before them good quality evidence of the occurrence and cause of the accident itself. Typically the cause is alleged to be the driver accelerating or braking more sharply than usual. In the latter case, the blame for emergency braking is often placed upon a third party vehicle; for example as a result of pulling out into the bus’ path.’

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Zenith PI Blog, 17th September 2014

Source: www.zenithpi.wordpress.com

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SAS selection deaths: inquest delayed until 2015 – BBC News

Posted September 16th, 2014 in appeals, armed forces, Crown Prosecution Service, delay, homicide, inquests, negligence, news by tracey

‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’

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BBC News, 16th September 2014

Source: www.bbc.co.uk

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